New Delhi: A Consumer Court In Delhi issued warrant against directors/promoters of m/s. Seven Hills Estate Ltd. (a real estate developer of Odisha) on 10.02.2015 for non-compliance of its order passed in a consumer complaint .
Mr. Shesadev Nayak, had booked a flat costing Rs. 7 lakhs in the project “Seven Hills Sands” undertaken by the developer M/s. Seven Hills Estate Ltd. at Puri in Feb’2007. Within six months (by 1st Aug’2007) the total payment made by him against consideration was Rs. 2, 55, 000/- which was more than 36% of the total cost of the flat. However, since the pace of construction was not as promised, he had stopped making further payment of installments towards the cost of the flat. Rather, finding that the project was delayed considerably, he had approached the developer seeking cancellation of the flat and refund of his money. The request was refused by the developer. In 2011 he was informed by the developer that his flat has been allotted to somebody else and he was not entitled for any refund whatsoever. Claiming this to be deficiency in service he filed a complaint before the District Forum (North-West District), Shalimar Bagh, Delhi.
Vide Order dated 31.03.2014 the District Consumer Disputes Redressal Forum, North-West District, Shalimar Bagh, Delhi has held that the developer M/s. Seven Hills Estate Ltd were deficient in rendering service to Shesadev Nayak, the Complainant and accordingly directed the developer M/s. Seven Hills Estate Ltd. as under :-
i) Pay to the Complainant a sum of Rs.2, 55, 000/- along with interest @ 10% p.a. from the date of deposit till payment;
ii) Pay to the Complainant a sum of Rs.5, 000/- as compensation for the pain and agony suffered by him;
iii) Pay to the Complainant a sum of Rs.5, 000/- as cost of the litigation
The above amount shall be paid by the developer M/s. Seven Hills Estate Ltd. to the Complainant within 30 days from the date of this order failing which the Complainant may approach this Forum u/s 27 of the Consumer Protection Act, 1986.
Subsequently, the developer M/s. Seven Hills Estate Ltd challenged the order of the District Consumer Redressal Forum by filing an First Appeal in the State Consumer Disputes Redressal Commission, Delhi which was dismissed in limine by the State Commission on 10.07.2014. Subsequently, the developer M/s. Seven Hills Estate Ltd filed a revision petition in National Consumer Disputes Redressal Commission, New Delhi, challenging the order of the State Commission, which was dismissed on 16/10/2014 with a penal cost of Rs. 1 Lakh in favour of the Complainant.
During the course of hearing on 10.02.2015, the District Consumer Disputes Redressal Forum, Delhi have issued bailable warrant to be executed against all the Directors/ Promoters of the developer M/s. Seven Hills Estate Ltd. and fixed the next date of hearing for 09.03.2015. As per the company website of Seven Hills Estates Ltd, (http://www.sevenhillssands.com/groupc.html), the company is promoted by Mr. M.Kanaka Rao, Mr. M.S. Srinivas and Mr. M.V.S. Sekhar and having their offices in Delhi and Odisha
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